DOB violation · Class 1

B123 — Protection of adjoining structures during excavation

Issued under BC 3309.4 & AC 27-1031. Standard penalty $5,000 · default $25,000.

Quick Reference for B123

Class

Class 1

Penalty

$5,000$25,000

Options:Hearing required
BC 3309.4 & AC 27-1031

What you need to know about BC 3309.4 & AC 27-1031

This code applies to the requirement of safeguarding neighboring buildings during excavation activities. The Department of Buildings issues it when there is a failure to implement necessary protective measures, which can lead to potential damage to adjacent properties. Owners often see this violation in contexts where excavation work is being conducted near other structures. Compliance with this code is crucial to ensure the safety and integrity of surrounding buildings. Applies to building owners and operators involved in excavation projects.

What are the penalties for B123?

Penalties for B123 vary by scope, severity, and repeat history.

Std
$5,000
Default
$25,000
Agg I
$12,500
Agg II
$25,000

Statute summary

What this statute means

B123 cites 2 sections of law. Here is what each one requires.

Building Code

1 section

BC · §3309.4

§ 3309.4

This section mandates that any person conducting soil or foundation work must protect adjoining structures from damage during the process. If a license is not granted for inspection, the responsibility to protect adjacent property falls to the owner of that property. Applies to individuals and property owners involved in construction activities affecting neighboring sites.

Summary by Nacmias Law Firm — for general information. The official statute text on AmLegal controls.

Administrative Code

1 section

How do I fix or dismiss B123?

  1. Stop the violating condition immediately.
  2. File to legalize or restore as required.
  3. Obtain approvals/permits; schedule inspections.
  4. Bring proof of correction to OATH.

Can I cure B123 without a hearing?

No, B123 violations cannot be cured without a hearing. You must attend to resolve this matter.

What are the deadlines and next steps?

Act before the hearing date to minimize penalties and preserve defenses. Contact us for a free case review.

FAQ

Verified: May 2026Penalty schedule: December 2025

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Have a B123 summons in hand?

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What is NYC DOB Violation Code B123 — "Failure to protect adjoining structures during excavation operations"?